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WOLF v. OREGON LOTTERY COMMISSION

No. A125420.

149 P.3d 303 (2006)

209 Or. App. 670

Larry WOLF, an Oregon elector and president of the Oregon Education Association; Varner Seaman; Maureen Crawford; and Nicholas Blosser, Petitioners, v. OREGON LOTTERY COMMISSION and Commissioners Kerry Tymchuk, Bruce Andrews, Stan Robson, and Richard Solomon, in their official capacities, Respondents.

Court of Appeals of Oregon.

Decided December 13, 2006.

Attorney(s) appearing for the Case

Margaret S. Olney, Portland, argued the cause for petitioners. With her on the briefs was Smith, Diamond & Olney.

Erika L. Hadlock, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Michael Mills and David W. Jacobson filed the brief amicus curiae for Oregon Restaurant Association and Lake Shore Lanes, Inc.

Before LANDAU, Presiding Judge, and SCHUMAN and ROSENBLUM, Judges.

SCHUMAN, J.

Petitioners seek review of a rule adopted by the Oregon Lottery Commission (Lottery) establishing the compensation that the Lottery pays to retailers, mostly restaurants, taverns, and convenience stores, who make video lottery games available to the public.1 Petitioners assert that the Lottery exceeded the legislature's grant of authority when it promulgated the rule because the statute setting the Lottery's task, ORS 461.445...

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